Friday, October 30, 2009
Thursday, October 29, 2009
Pinang State Government
Subject: :Two legal Burmese migrant workers died at work in bayan lepas
We would like to inform you about two legal Burmese migrant workers who died at work in bayan lepas, pulau pinang on 30th May, 2009. The dead bodies of two workers have been kept in hospital Dato keramat Timur laut, George Town. When they died, they were working at project 112b-5 Jln permatang damar laut,Taman gembira, 11900 bayan lepas, pulau pinang . Their names are San Maung (passport no: A014430) and Saw Htay( passprot no: 890515). Their work permit will be expired on 8th October, 2009. They were working at E T construction Sdn Bhd, No. 1.v, jln berika 2, Bdr baru air itam, ayer itam, 11500 pulau pinang. The employer failed to follow the Malaysia employment Act 1955. The employer wants to do the funeral of two workers quietly and hasn't paid any compensation yet for two dead workers.
Therefore, we have already informed the Pinang Labour Department on 3rd June, 2009 regarding this case The labour department is investigating the case of two dead workers.
We would like to request you to urge the employer to follow the current existing Malaysia labour law and pay the compensation to the families of two dead workers as soon as possible.
We are informing your Excellency on behalf of the families of two dead workers.
Burma Campaign Malaysia
Tuesday, October 27, 2009
ပီနန္းရွိ ထိန္းသိမ္းေရးစခန္းတြင္ ေသဆံုးသြားေသာ ျမန္မာႏွစ္ဦးႏွင့္ ပါတ္သက္ၿပီး လူ႕အခြင့္အေရးေကာ္မရွင္မွ စံုစမ္းေပးပါရန္ ေတာင္းဆိုခ်က္
In Malaysia, there are more than 500 migrant workers who are currently working in INNO VALUES PRECISION SDN BHD (Co. Reg No. 454311-D) at Pasir Gudang in Johor State.
These workers are mainly from Burma, Nepal and Vietnam. Many Malaysian workers are also working there. This company is a Singapore registered one and it has branch factories in China, Malaysia, Thailand and South Korea.
Majority of foreign workers have the right to work eight hours a day and one day day-off a week. The daily wages of the workers is 18.50 RM. The workers earn between 750 and 850 RM a month including working for extra working time. However, the salary of the workers is not increased, but some have been given just allowance. But the workers enjoy this allowance for only short period of time such as two or three months. On 22nd August 2007, the Burmese worker named Mr. Tin Lin (passport no. 880009) had to cut his thumb shortly after he had the accident in the factory. In that case, the factory authorities did not pay any compensation to him. Besides, according to the regulation of the factory, if a worker is absent to work for a day, he or she will be barred to work for a week. When the workers are sick, the clinic of the factory gives the workers the medical treatment, however the workers have no right to have their health benefit.
At the moment, global economic crisis is affecting every part of the world economy. As a result, many factories have to reduce its work-force. However, the authorities of this company did not follow the existing labour law of Malaysia while reducing the number of the workers. Instead, that company authorities are putting pressure on the workers to quit the jobs.
At the same time, the manager of human resource department of this factory has been treating the workers in inappropriate manner. Therefore, some workers have informed the local police station on that issue.
Currently, the workers from this factory have demanded factory authorities the following points:
1. To remove the manager of human resource department to other factory located in abroad.
2. Due to the lacking of extra working hours in this month, to stop collecting monthly levy fund. 3. To resume 4 hour extra working time a day for the workers.
4. To provide night shift allowance for those workers who work at night.
The local Malaysian workers also demanded similar points to the factory authorities. The factory authorities replied that they will respond the demands of the workers on 15th December 2008. Since 11th December 2008, many foreign workers are now stopping to work in the factory and staying at their residential places which are provided by the factory.
Concerning the above mentioned cases, the workers contacted Burma Campaign Malaysia (BCM) through Lanthit journal to help them. Mr. Tun Tun and Mr. Yan Naing Tun from BCM went to Pasir Gudang in Johor to collect the facts about the conflict between employers and employees on 13th December 2008. The BCM is now consulting with concerned NGOs, Mr. Tian Chua, MP and information Chief of PKR, also advisor of BCM, Mr. Moe Swe of Ywanchioo workers' association and TENAGANITA NGO for further activities.
The copies of police inform sheet and demand paper of the workers which were signed by the workers are attached with this letter.
For more information, please contact;
Mr. Tun Tun 016 2980785 email@example.com
Mr. Ko Latt 016 3210966 firstname.lastname@example.org
Mr. Yan Naing Tun 017 3886062 email@example.com
Around 11:20 am, Ko Harun, Khin Zaw and Kyaw Hlaing Win went to TENAGANITA SDN BHD office. Pusenthi P. Manaim, the programme officer discussed with them how to carry on the case. About 3 pm, Mr. Andre Shum, the Managing Director of Vm Capital SDN BHD arrived at TENAGANITA office. On behalf of the owner of Sea House Food industry, Andre Shum complained that Khin Zaw and his friends did the wrong way (it meant that Khin Zaw and friends informing the police). In such kind of case, informing the police is not relevant according to the Malaysian law, said Andre. Andre pointed out, according to the Malaysian law, foreign workers have no right to oppose or boycott their employer and if the workers did, they would be deported back to their origin of country.
The root cause of this problem was that the employer forced the employees to work without unlimited working-hours everyday.
Ms Sani has tried to compromise between workers and Mr. Andre Shum, the representative of the employer. Mr. Andre agreed on the condition, if the workers go back to work, the workers will be paid their two months wages which were previously kept as deposit money by the employer. Mr. Andre Shum said that his boss has been facing with financial difficulties at present and consequently paying wages for the workers had to be delayed. If the workers worked with the spirit of family members themselves, there would not be any problems, said Mr. Andre.
After that, a consensus was reached between Pusenthi P. Manaim and Mr. Andre Shum that next week the factory owner would invite Pusenthi P. Manim and Ko Harun to visit the factory to check the situation of workers in terms of working and living condition.
At present, Khin Zaw and Kyaw Hlaing Win have already returned to the house which is provided by their employer.
During the case of those workers, Ko Huran and Ko Tun Tun provided necessary financial assistance while workers communicating with the NGO.
1. Khin Zaw PP No:A066597
2. Kyaw Hlaing Tun PP No:A089240
3. Myint Oo PP No:A123123
4. Naing Lin PP No:A112441
5. Ngwe Lin PP No:A114081
6. San Lin Maung PP No:A1142443
7. Tun Tun PP No:A112442
8. Aung Win Htut PP No:A123126
9. Hla Saung PP No:A120768
The Burmese workers said that their employer kept their two months wages as deposit money and they are forced to work from 7 am to 2 or 3 am. If the workers arrive at the factory late in the morning, their wages are cut off. There are no days off no break time for the workers and when the workers are fallen asleep during working time, they are beaten by the employer, according to the workers.
Even though the workers tried to compromise with their employer, the employer turn downed their demands. On 8 November 2008, all nine workers didn't go to work and staying at home which has been provided by the employer. The employer arrived at the home on same day, not only denying the demands of the workers, but physically beating the workers. Then, the employer detained the workers in the house and locked it with the new padlock. Later, all nine workers jumped out from the kitchen window and escaped. As soon as they escaped from illegal detention, they went to the Burmese community and asked Ko Harun for some help.
Ko Harun suggested them to inform the police and Khin Zaw went to the local police station by 1:30 pm and opened the case. (Police official paper for opening the case is attached) By 4:30 pm, police officers accompanied with Khin Zaw went to the house and the police took a photo of the padlock and the padlock was cut and taken by the police as evidence. The police officer also took more photos in the house as records. Later, police officers and Khin Zaw went together to the factory to see the employer. Then Khin Zaw was told to go back home and the employer was taken to the police station for further questioning.
However, Khin Zaw and Kyaw Khine Win didn't go back home which is provided by the employer, because they were afraid of possible retaliation by the employer. On the same day, about 10 pm, the employer and worker in-charge came to the house asking where were Khin Zaw and Kyaw Khine Win. The other workers said that they didn't where they were and then they were beaten by the work in-charge. The work in-charge is a Burmese citizen. The work in-charge questioned the names and addresses of those who helped them to go to the police station. But the workers replied they didn't know anything about them and Aung Win Htut was beaten again.
Since 9 November, Khin Zaw and Kyaw Hlaing Htun have been hiding away from the factory. On 10 November, the workers went to see the NGO called TENAGANITA, which is helping for migrant workers. The TENAGANITA accepted the case (case No. MYN/10.11.08/239), however the responsible person from TENAGANITA explained that their lawyers were not ready to travel to the factory at that moment. However, on coming Wednesday, they said that lawyers from TENAGANITA will be going to see the employer and solve the problems within their capacity under given situation.
For further information, please contact:
Ko Htun Htun, mobile:016 2980784
Ko Harron, mobile: 016 6075144